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uppi2aemul

H1-B stamping in INDIA- Query on College Accreditition

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Hello,

I am SriRam from United States working for a client in Connecticut. Last month Due to my Family emergency, I had to fly to INDIA and had attended H1-B Visa Interview in Hyderabad, INDIA.

The Visa Officer has requested me to to show a proof of Accreditation for **** for the Year 2009 since i graduated in same year.

According to Visa Officer, I must graduate from a Univerity which has Accreditation Since I applied my H1-B using the Student Quota and got it approved.

So, US Embassy wants me to show a proof of Accreditation for **** since I graduated from it and applied my H1-B using my MS graduation under Student Quota.

Please Help me with my issues, I really need all of your help!

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It seems like **** lost it's accreditation in 2008. So I guess using that degree would be an issue. It is better to talk to the good immigration lawyer (I guess Murthy Law firm is in India) and see what explanation you could give in your scenario. Technically you should not have used that degree for H1B and should not use it for any immigration process in the future.

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Hello,

I am SriRam from United States working for a client in Connecticut. Last month Due to my Family emergency, I had to fly to INDIA and had attended H1-B Visa Interview in Hyderabad, INDIA.

The Visa Officer has requested me to to show a proof of Accreditation for **** for the Year 2009 since i graduated in same year.

According to Visa Officer, I must graduate from a Univerity which has Accreditation Since I applied my H1-B using the Student Quota and got it approved.

So, US Embassy wants me to show a proof of Accreditation for **** since I graduated from it and applied my H1-B using my MS graduation under Student Quota.

Please Help me with my issues, I really need all of your help!

I think you need to call your school and get a copy or letter from them.....

wait for more replies....

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I think you need to contact your school and get a copy of 'Proof of Accreditation'

**** does not have Accreditation any more. Their Accreditation got terminated in 2008 which is the reason the VO has asked for the proof. You cannot use an unaccredited university degree for immigration puuposes.

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Hello,

I am SriRam from United States working for a client in Connecticut. Last month Due to my Family emergency, I had to fly to INDIA and had attended H1-B Visa Interview in Hyderabad, INDIA.

The Visa Officer has requested me to to show a proof of Accreditation for **** for the Year 2009 since i graduated in same year.

According to Visa Officer, I must graduate from a Univerity which has Accreditation Since I applied my H1-B using the Student Quota and got it approved.

So, US Embassy wants me to show a proof of Accreditation for **** since I graduated from it and applied my H1-B using my MS graduation under Student Quota.

Please Help me with my issues, I really need all of your help!

**** was not accredited in 2009. They lost accreditation in summer 2008, and haven't had accreditation since.

You can not use your "degree" from **** for anything. Not for an H1, and not for any other immigration purpose.

If you used the **** "degree" to get an H1, you committed visa fraud, and you have been working illegally.

Forget getting an H1 visa stamp.

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It seems like **** lost it's accreditation in 2008. So I guess using that degree would be an issue. It is better to talk to the good immigration lawyer (I guess Murthy Law firm is in India) and see what explanation you could give in your scenario. Technically you should not have used that degree for H1B and should not use it for any immigration process in the future.

Not just "technically." The **** "degree" can not be used for anything. The OP has been working illegally, because an H1 based on the **** "degree" would have been invalid from the start.

The OP was hiding a material fact, i.e., that **** was not accredited when he got the "degree".

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Not just "technically." The **** "degree" can not be used for anything. The OP has been working illegally, because an H1 based on the **** "degree" would have been invalid from the start.

The OP was hiding a material fact, i.e., that **** was not accredited when he got the "degree".

If his/her 'degree' is invalid then, how did USCIS approved the petition? And OP clearly mentioned that employer applied the petition in Master's quote.

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If his/her 'degree' is invalid then, how did USCIS approved the petition? And OP clearly mentioned that employer applied the petition in Master's quote.

You guys still keep asking same questions in spite of Tri-valley disaster. It does not matter in he long run, they will catch with you anyways. An again a Degree from a non-accredited university is not valid. You cannot use it for immigration purposes, period.

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You guys still keep asking same questions in spite of Tri-valley disaster. It does not matter in he long run, they will catch with you anyways. An again a Degree from a non-accredited university is not valid. You cannot use it for immigration purposes, period.

But that still didn't answer my question. My question was how did USCIS approved the petition with a Degree from a non-accredited university?

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If his/her 'degree' is invalid then, how did USCIS approved the petition? And OP clearly mentioned that employer applied the petition in Master's quote.

USCIS probably didn't know that **** was not accredited.An

d the OP didn't tell them, so that's hiding a material fact, a deportable offense.

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USCIS probably didn't know that **** was not accredited.An

d the OP didn't tell them, so that's hiding a material fact, a deportable offense.

Okay, for a while I agree with you that USCIS didn't know much about ****. But the OP clearly mentioned that his/her employer has applied H1 in the Master's quote,and obviously employer has submitted the degree(****) transcripts as a proof of advanced degree while filing the petition. So what information did they hide here??

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Okay, for a while I agree with you that USCIS didn't know much about ****. But the OP clearly mentioned that his/her employer has applied H1 in the Master's quote,and obviously employer has submitted the degree(****) transcripts as a proof of advanced degree while filing the petition. So what information did they hide here??

The information that **** was not accredited. That's hiding a material fact, a fact that would have changed the outcome of the application.

And hiding a material fact is a very bad thing to do. It can lead to a lifelong ban.

The OP's career in the US is pretty much over.

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Okay, for a while I agree with you that USCIS didn't know much about ****. But the OP clearly mentioned that his/her employer has applied H1 in the Master's quote,and obviously employer has submitted the degree(****) transcripts as a proof of advanced degree while filing the petition. So what information did they hide here??

As Joe mentioned it might have been an oversight by USCIS to approve the petition but since OP and his company used his degree from an unaccredited university to apply for a visa, it is for sure illegal. Instead of arguing about what USCIS has done, the better thing for the OP is to try and rectify the situation he is in. He probably needs to speak to an immigration attorney and determine how he could get out of this situation.

When Tri-Valley fiasco was going on, people who were planning to join them had the same argument as to how the university was listed in SEVIS and how they are able to issue I20. But we all know what happened in the end to those students. I graduated from US and have gone for 3 stampings in the last 5 years, not once was I asked about my university which shows that the BP is in trouble regarding the accreditation of his university.

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The information that **** was not accredited. That's hiding a material fact, a fact that would have changed the outcome of the application.

And hiding a material fact is a very bad thing to do. It can lead to a lifelong ban.

The OP's career in the US is pretty much over.

As far as I remember, I did not even see my H1 application , not to speak of writing anything there. H1 is an employer's petition . How is OP supposed to inform USCIS that **** is not accredited ? Is there any section in H1 petition which beneficiary need to complete stating that the institute is accredited ? I have never applied under Masters quota though .

OP's current H1 is over. It cannot proceed given current scenario. However, I do not think OP faces a lifelong ban. OP did not lie in from of CIS/VO as far as I can see.

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The information that **** was not accredited. That's hiding a material fact, a fact that would have changed the outcome of the application.

Well in that case, that's nothing but cheating.

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As Joe mentioned it might have been an oversight by USCIS to approve the petition but since OP and his company used his degree from an unaccredited university to apply for a visa, it is for sure illegal. Instead of arguing about what USCIS has done, the better thing for the OP is to try and rectify the situation he is in. He probably needs to speak to an immigration attorney and determine how he could get out of this situation.

That makes sense. But what I guess is, employer might have applied H1 just before the university lost its accreditation and by the time USCIS has approved the petition university has lost the accreditation.

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There are thousands of extremely smart and competent students wanting to study here and the sheer idiocy of letting people come in on F1 to attend non accredited schools is mind boggling. The extreme reaction of the consulates in India should have been tackled by rendering every existing Consular person of the USA persona non grata.

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As Joe mentioned it might have been an oversight by USCIS to approve the petition

In particular since **** was accredited until August 2008. USCIS doesn't necessarily get informed when an institution loses accreditation.

but since OP and his company used his degree from an unaccredited university to apply for a visa, it is for sure illegal.

Indeed.

Instead of arguing about what USCIS has done, the better thing for the OP is to try and rectify the situation he is in. He probably needs to speak to an immigration attorney and determine how he could get out of this situation.

I doubt that there is much a lawyer can do, but if the OP wants to rescue at least a part of his career in the US, he indeed needs to see a very good immigration lawyer ASAP.

This stuff will be in his file forever, and at best he will find it very hard to get another visa in the future, at worst he could get banned for life.

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As far as I remember, I did not even see my H1 application , not to speak of writing anything there. H1 is an employer's petition . How is OP supposed to inform USCIS that **** is not accredited ?

The OP provided the employer with a copy of his degree and the transcript... At that point, the OP should have informed the employer that the institution is not accredited.

Is there any section in H1 petition which beneficiary need to complete stating that the institute is accredited ?

The law states that the degree used to establish eligibility for an H1 has to be from an accredited institution of higher learning.

OP did not lie in from of CIS/VO as far as I can see.

Hiding a material fact can result in a lifelong ban. And the OP hid a material fact.

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That makes sense. But what I guess is, employer might have applied H1 just before the university lost its accreditation and by the time USCIS has approved the petition university has lost the accreditation.

The OP said he graduated in 2009. **** lost accreditation in August 2008. The accreditation agency was nice, and agreed to only revoke the accreditation after the 2008 class graduation.

There was no doubt whatsoever that in 2009 **** did not have accreditation.

The bottom line: if an institution loses accreditation, get out of there the same day. Even if you are just one day from graduation, get out of there. You may try later to get your money back, but the first order of business should be to get out of there.

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The OP provided the employer with a copy of his degree and the transcript... At that point, the OP should have informed the employer that the institution is not accredited.

No one just goes and says his degree is from accedited/non-accredited school. At least I do not remember saying any time to any of my employer. You provide the credentials and employer supposedly conduct a background check. H1 is employer's petition and if something is incorrect, employer is on hook.

Also, how do you know if OP mentioned it to employer and employer did not inform CIS ??

The law states that the degree used to establish eligibility for an H1 has to be from an accredited institution of higher learning.

Hiding a material fact can result in a lifelong ban. And the OP hid a material fact.

OP did not hide anything. OP correctly mentioned that the degree is from ****. OP does not have ANY say in what goes in H1 petition , heck he does not even see it .

It was the responsibility of Employer and CIS to figure out accredition.

It is very unlikely that OP will face a permanent ban

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No one just goes and says his degree is from accedited/non-accredited school. At least I do not remember saying any time to any of my employer. You provide the credentials and employer supposedly conduct a background check. H1 is employer's petition and if something is incorrect, employer is on hook.

Also, how do you know if OP mentioned it to employer and employer did not inform CIS ??

OP did not hide anything. OP correctly mentioned that the degree is from ****. OP does not have ANY say in what goes in H1 petition , heck he does not even see it .

It was the responsibility of Employer and CIS to figure out accredition.

It is very unlikely that OP will face a permanent ban

Unfortunately it does not work that way. When the OP was applying for H1B, there was no need to provide his masters degree. The H1B does not require the masters degree. He could have just applied it through his Bachelors. When the BP provided his masters degree to apply for the Masters quota, he also became an accomplice. The officers are never going to believe that the OP was innocent victim in this as he very well knew what his degree was going to be used for.

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Unfortunately it does not work that way. When the OP was applying for H1B, there was no need to provide his masters degree. The H1B does not require the masters degree. He could have just applied it through his Bachelors. When the BP provided his masters degree to apply for the Masters quota, he also became an accomplice. The officers are never going to believe that the OP was innocent victim in this as he very well knew what his degree was going to be used for.

First , OP did not apply for H1; his employer applied . H1 is an employer's petition.

Second, an employer can very well as for Masters Degree. It might as well be a job requirement.

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First , OP did not apply for H1; his employer applied . H1 is an employer's petition.

Second, an employer can very well as for Masters Degree. It might as well be a job requirement.

You can argue as much as you want but finally it does not matter. If the employee knew that the university was unaccredited and still gave it for H1B application then I would say he also is at fault. You cannot assume that someone else will find out the problem. Eventually it is not his employer who has been asked the question, it is the OP. The onus is on him to answer the question not his employer. There is no way the OP can prove that his university was accredited when he graduated, on that count alone he is in trouble. Visa officers go on evidence not on speculations and allegations. The OP can complain about his employer but that wouldn't get him anywhere close to getting the visa. Even if it is proven that his employer is at fault, his H1B is invalid anyways. Using that degree by mistake can evoke sympathy but will not get him the visa. He should consult a lawyer to see if at all he can salvage something out of this at the moment.

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